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11/03/1976 - City Council Regular 1?-7-76 NU.MES or A % EzAM ,..T.,.IC €' _ �:�� LA3_01Y CT_.7 t.=CxL ill r AGAN, NYNNE O`1'A November 3, 1976 A regular meettng of the Eagan City Council was held on November 3, 1976 at 6:30 P.M. et the City Hal:?.. All members were present. Also presort were ^de Cordon and Hauge. BOARD CF APPEALS. An application of D.D. Anderson and A.R. Fowler for vari-eee for - by i.ldie.g permit on part of Lot 6, Zehnder Acres to permit a portioa rf a nee. eecide_ice to be used to house in-laws consisting of the South 203 feat of Lot 6 nee revIeeee. C mtain neighbors appeared and objected to the use and were fearful c f tee future possfbi :Lty cat rentix g a portion of the residence to a non-related petty. The applicant indic i:ed that he would not sell the property for a duplex nor rent �:'ne property to anyone other than his in-laws, namely Mr. and Arcs. A.R. 'ow3er. '::er discussion and upon motion by Poizin, seconded Rahn, all members voting in f= oA, IIIIt was RESOLVED that the Board of Appeals recommend approval of the b ui:i d iee , -, . .e upon the condition only that the mother and father-in-law of Mr. Anderson women ee permitted to live in the home along with the Andersons and that no other family or party be permitted to rent or live on the premises besides the owners of the boue- hold; further subject to a determination as to whether a variance is required regarding lot split. POLICE_DEPARTMENT. Martin DesLauriers appeared and indicated that Mike Gerrety has resigned from the Police Department and asked for authority to hire a part-time r :plecement. Uhpoa motion by Wachter, seconded Rahn, all members voting yes, it wre RESOLVED that the Police Chief be authorized to hire a part-time replacement and further to o:ccept the resignation of Mike Gerrety with regret. POLICE DEPARTMENT FACILITY. James Horne appeared and a review was made of the ill6 bids for the proposed P.D. facility. Certain members of the Council indicated thet they desire to have a review of the plans to bring it closer to the $200,000 ?:ia getc ci c:e etmaceien cost. Upon motion by Wachter, seconded Smith, all mem:-,e, s ;toting In favor, it was F.ESOLVED to reject alt :ids and to 7 .'•d v _tiee for bids after review- ing and revising the plans so that the estimate could come closer to the est.nea`-d budgeted cost cf $200,000. Upon further notion by Pc:e ,i.n, oeccnded Rahn, 1;1 members voting in favor, it was RESOLVED that the City Administrator be ac=.;- ;cal: ee i to determine whether there would be additional outside funding sources that may be available for construction to assist in the financing of the police facility. FIFE LE':7A TM2UT. Upon motion by Smith, seconded Polzin, all members veil e yea, it was RESOLVED that Jerry Adams be approved as the District Fire Chief t'oe Stetion 1 reelected by the Fire Department members. PAP DEPAItTM!MT -- STATE FUNDING. The Park Director had requested thEe- th ". >N apply for state funds to help finance construction of cross-country ski trails covering the approximate three miles that have been installed. Upon motion by Rahn, seconded Wachter, all members voting yes, it was RESOLVED that the City be r —bec zed IIIto apply to the Department of Natural Resources for funding to assist in ccr,_,::. . = Lot of the cost of the cross-country ski trails, and further to authorize the apera;- :e—.=-e officials to execute the necessary application. TAX FORFEITED PROPERTY. The Mayor next reconvened the public assessment hearin€ concerning 10 lots in Timberline Addition consisting of tax forfeited proper.;y. A resume' prepared by the City Administrator was distributed to the Council and the alternatives for assessment of the lots was reviewed in detail. Mr. Svenn Borgerson a property owner was present as was Mr. Sheridan Buckley, attorney for Mr. Poferl and Mr. Ru zick, lot owners. After considerable discussion, upon motion by Smith seconded Wachter, all members voting in favor, it was RESOLVED that the Council 'be on record dropping the present assessment against the tax forfeited lots in Timberline Addition with the understanding that the Council may at a future time IIIdetern:ne whether to recommence the assessment process again in light of potential changes in the law or a favorable court determination concerning the law. AB:.T3"TN`A'S. Mr. Jake O'Toole of the County Assessor's office .3r.:-1ared with two re, nests. Con motion LI Polzin, seconded Smith, all members voting yea, it was -2- 11-3-76 III RESOLVED that the abatements be approved. VARIANCE - LOT 6 7EiNDER ACRES. Mr. D. D. Anderson again appeared on behalf of his application for a building permit including variance on part of Lot 6, Zehndar Acres. Upon motion by Rydrych, seconded Rahn, all members voting yes, it was RESOLVED that the application be approved subject to the recommendations of the Board of Adjustments and Appeals. ORDINANCE inn. 8 - EXCAVATION AND FILL ORDINANCE AF NDMENTS. A draft: of an Qme d^,ent submitted by the City Administrator, City Planner and City Attorney r.ega:ang amendments to the Excavation Ordinance including a revision to reci,lee fill permits was discussed and reviewed by the Council. It was suggested that LIcie be provisions that sand and gravel excavation permits require conditional use permits in all cases within areas zoned other than industrial or commercial and also net the Council be granted the right to refer the application under the ordinance: ' e. IIIthe APC. No action was taken pending recommendations of the AFC on the ane: s ge_• , POLICE FACILITY PLAN RECONSIDERATION. The Council again discussed with the architect and other persons present about the possibility of reconsidering the earlier motion regarding the proposed police facility bids. After discussion, upon motion by Polzin, seconded Rydrych, all members voting yes, it was RESOLVED that the Council hereby is on record reconsidering the award of the bids considered earlic-: in the evening for the Police facility with the understanding that all bidders will be notified of a special meeting of the Council to be held on Tuesday, November 9th at 7 P.M. to review the plans and the bids in more detail. LEM-ANN, INC. RESTAURANT - CONDITIONAL USE PERMIT. Mr. Elmer Scott appearef n. behalf of the application of Le-Ann, Inc. for conditional use permit for a res eurs.nt building, 40' x 80' at the Northwest corner of Highway #3 and County Road #30. IIIThe Council reviewed the recommendations of the APC. At this point Councilman Rahn was excused from the meeting. Upon motion by Polzin, seconded Smith, all members ?tang 1_,,, fevor, it Teas RESOLVED that the Council be on record Riving eo.cept anprov� -3- n-3-76 of a restaurant at the site proposed by the applicant, bue with the understanding IIIthat the application will be reviewed by the APC and further subject to all recoin- mendations of the APC. BLA.CKHAWK PARK PD - ANNUAL REVIEW. Mr. Ed Dunn appeared on behalf of thn application of Blac:hawk Park, Inc. for annual review approval of Blackh k Park P . He indicated there were no basic changes except conformance with the present ordi- nance. Upon motion by Wachter, seconded Smith, all members voting yes, it S.w; s RESOLVED to approve the application for annual review of the PD. LEXINCT'ON SOUTH PD - ANNUAL REVIEW. Mr. Dunn again appeared on behalf of tae a pl:Leation of Lcxing"on South, Inc. for annual review of the Planned Devolopn,eni: of Lexington South. Wachter moved and Smith seconded the motion to approve the application and all members voted yes. RILLCREST DEVELOPMENT COMPANY - EXCAVATION PERMIT APPLICATION. Mr. Jc:h . ".i.ain Illand 1 . Gary Tankenoff appeared on behalf of the application of Hillcreet P - meat Company for an excavation permit pursuant to Ordinance Ho. 8 covering len located in Section 30 West of Cedar Avenue. The APC recommended approval subject to certain conditions. The excavated material was proposed to be used for Cedar Avenue and to be removed from a proposed shopping center area adjoining Cedar Avenue and Cliff Road. A letter from Hillcrest to be included with the application was read estimating 3 years to complete the excavation and requesting that the variance be trantcd from the 100 foot requirement from a public road. Mr. Klein and Mr. Tankenoff indicated that the applicant would comply with any amendments to Ordinance No. 8 and requirements of the City of Eagan including dust prevention, hauling tLme over the public streets, etc. He indicated that about 603,000 y:La would be removed eventually. Smith moved and Rydrych seconded a motion to approve the application subject, however, to the recommendations of the APC, and further that there be no hauling before 8:30 a.m. or after 3:30 p.m. on weekdays on Cedar A"enne -4- 11-3-76 LUMBER MILLWORK BARN, INC. - BUILDING PER 1T A. PLIGATI.ON. The application of Lumber and Millwork Barn, inc. for a building permit on unplatted property on Beau d'Rue Drive was next presented. Don Prettyman appeared and indicated the building would be 60' x 100'. Upon motion by Polzin, seconded Wachter, all members voting in favor, it was RESOLVED that the application be approved subject, however, to the recommendations of the APC. AAUENHO ST EXCAVATION APPLICATION. Bob Worthington and Ted Jurick appeared on behalf of the application of Rauenhorst Corporation for an excavation and fill pern.l.- It was propered that if Rauenhorst got the subcontract for excavation and fill ^:« Cedar Avenue that the bill material from Cedar Avenue placed on Rauenhorst props t:y would be on a temporary basis. The representatives indicated that Rauenhorst would comply with any amendments to Ordinance No. 8 and would also do whatever is nec-osar~y to reduce erosion, odor, dust, etc. The main proposed excavation site on tin_ IRauenhorst property would be at the Southwest corner of Lone Oak and Lexington. nue and stated the hauling route to Cedar Avenue would be on Lexington and Yankee Do;:dla to Highway #13. The applicant further indicated that it would seed the peat material filled on the Rauenhorst site if necessary and further stated that two other possible sites for excavation were being considered. It further will comply with any recom- mendations of DNR and time limitations on the hauling process. Upon motion by Wachter, seconded by Smith, it was RESOLVED that the Council approve the excavation and fill permit application subject to compliance with amended Ordinance No. 8, the submission and compliance with a check list to be included in an agreement also covering hours of operation over Cedar and Highway #13; further with the undersra.a- ing that the applicant will return to the Council with an application for appicval of the haul route and the final agreement covering excavation and fill prior to IIIcommencement of operations. A & W BUILDING PERMIT APPLICATION. Representatives of A & W appeared concerning ~.rs applicaton for a building permit consisting of an 800' square foot addition to -5- 1:i-3-75 its building in Cedarvale seating 48 people. Upon motion by Polzin, eeccnded IIIRydrych, all members voting in favor, it was RESOLVED to approve the application subject to the APC recommendations. LESLIE HOPE. Mr. Leslie Hope appeared and requested that the Council order a feasibility study concerning water and sewer extensions to his property at 4275 Pilot Knob Road and adjoining parcels of property. A similar request was made by the owner at 1440 Yankee Doodle Road. Upon motion by Polzin, seconded Wacht. , all members 'toting yes, it was RESOLVED to order the Engineer to prepare a preliminary report covering water and sewer extensions to the above mentioned location with `t:! c understanding the* the requesting parties would be charged for the engineering costs in the event that the property owners object and the Council determines not to proceed with either project. SIBLEY TERMINAL INDUSTRIAL PARK EASEMENTS. Mr. and Mrs. Roger Olsen and :;'ieIr III attorney, Roy Bogen, appeared regarding the city's request for an easement o, .>a the Olsen property consisting of Lots 6 and 7, Block 1, Sibley Terminal IndustL. -i1 Park as a part of Project #168. The owners requested a credit for the existing storm sewer lateral on their property, and after considerable discussion, the City Atty. and Engineer were asked to work with the owners to attempt to work out a proposal regarding the grant of the credit for acquisition of the easement. APC VACANCY. A notice had been placed in the Dakota County Tribune concerning a vacancy to fill Jon Marble's position on the APC applications from William Sell and Roger Sperling had been submitted. Smith made a motion to table the considera- tion for two weeks to seek additional applications. The motion died for a lack of a second. The four members present voted by secret ballot and Roger Sperling was appointed to fill the vacancy on the APC. IIINON-ENCROACHMENT AGREEMENT - PILOT KNOB ROAD. Mr. Hedges submitted a non- encroachment agreement required for Federal Aid projects relating to Pilot Knob Road between Dakota County and the City and recommended arnrovai. Upon motion by -6- 11-3-76 Wachter, seconded Polzin, all members voting in favor, It was RESOLVED that the IIIagreement be approved and ordered signed. PROJECT #188 - HERITAGE AND LeTENDRE STREET IMPROVEMENTS. The City Engineer submitted a preliminary report for street improvements for Heritage and LeTend:.c Streets consisting of Project #188. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the report be accepted and that the Clerk be authorized to schedule a public hearing to be held on January 18, 1977 at 7 P.M. PEOPLE GAS RATE INCREASE. A notice from People's Natural Gas Company of an approximate 5.5% increase in natural gas rates within the City of Eagan effective in 1976 was read. CITY BUILDING MAINTENANCE. The City Administrator that a CETA employee had shown an interest in doing the cleaning and maintenance work of city building - IIIand recommended that the Council authorize him for that position. Upon mot!;.: Wachter, seconded Rydrych, all members voting yes, it was RESOLVED that the Administrator be authorized to use the designated CETA employee to do the maintenance and cleaning work for the existing city buildings. RAHN ROAD EASENE TTS. The City Atty. indicated that nearly all easements or consents have now been acquired for the Rahn Road improvements with the exception of the property owned by Alexa Burow at Cliff and Rahn Road. The Council members indicated that they would not offer any payment for the acquisition of the right-of- way. The City Engineer indicated that it is not absolutely necessary to acquire the easement and that the roadway can be built within the existing 33 foot half right- of-way. No action was taken. Upon motion duly made and seconded, the meeting adjourned at 11:45 P.M. I/ DATED: //--3 � %L"41 t, 0,-- 4 �_ OJT // / - iL -7- E A A N 1. z 6 1977 OFF SALE LIQUOR LICENSE 10 Applebaums Food Market, Inc. J. E. Parranto _/� 7C, (Cedarvale Liquors) (J. E. Parranto Liqua�rs) "'" __..,.__-_..- P 0 Box 3509 3804 Sibley Memorial Highway St. Paul, MN 55165 Eagan, MN 55122 (HAS NEVER OPENED A BUSINESS) Kennys Enterprises (Kennys Liquors) Kenneth Youngberg 1444 Yankee Doodle Road Eagan, MN 55121 CLUB AND SUNDAY LIQUOR LICENSE Spur, Inc. (Lost Spur) 2750 Sibley Memorial Highway Eagan, MN 55121 ON SALE AND SUNDAY LIQUOR LICENSE Carriage Hills Country Club Murphy House, Inc. • William Smith Ray Murphy 3535 Wescott Hills Drive 2600 Sibley Memorial Highway Eagan, MN 55123 Eagan, MN 55121 Indoor Tennis, Inc. Holly Inns, Inc. D. C. Corrigan 3665 Sibley Memorial Highway 3330 Pilot Knob Road Eagan, MN 55122 Eagan, MN 55121 Charles Lindberg, Inc. Starks Halfway House 1375 Highsite Drive Gary Starks Eagan, MN 55121 3125 Dodd Road Prrfrl /, (New applicant in 1976) Eagan, MN 55121 (No building & haven't received 1977 application) -�! Valley Lounge �V"`' Margaret Revolinski 3385 Sibley Memorial Highway Eagan, MN 55121 qriC) G� 4 (In the process of being transferred to Lois Tousignant) WINE LICENSES , w Mr. D's Pizza, Inc. Italian Pie Shoppe & Winery William Cuncanson Jerome DeGidio 3902 Beau d'Rue Drive 1438 Yankee Doodle Road Eagan, MN 55122 Eagan, MN 55121 Eagan City Council Approval --° (day, month, year) •